N.Y. Penal Law § 280.10: Applicability and restrictions

§ 280.10 Applicability and restrictions.

The provisions of this article shall not apply to the following

persons or entities:

1. A toy drone operated solely for recreation, unless such toy drone

is operated in a manner that would recklessly create a substantial risk

of physical injury to another person or substantial risk of damage to

property.

2. A recreational drone operated solely for hobby or recreational

purposes and operates in compliance with all applicable federal laws,

rules, regulations, authorizations, waivers, or exemptions and all other

applicable state and local laws, rules, and regulations, unless such

recreational drone is operated in a manner that recklessly creates a

substantial risk of physical injury to another person or substantial

risk of damage to property.

3. A drone operated for commercial, educational, agricultural,

journalistic, infrastructure, or other lawful purposes in compliance

with all applicable federal laws, rules, regulations, authorizations,

waivers, or exemptions and all other applicable state and local laws,

rules and regulations, unless such drone is operated in a manner that

recklessly creates a substantial risk of physical injury to another

person or substantial risk of damage to property.

4. A governmental employee, or a person acting on behalf of a state or

local government entity, provided that such person or employee is acting

in a manner consistent with such person's governmental duties.